HomeMy WebLinkAboutRES NO 136-00RESOLUTION NO. 13 6 ' 0 0
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DECLARING IT HAS RECEIVED, REVIEWED,
EVALUATED AND CONSIDERED THE INFORMATION
CONTAINED IN THE DRAFT AND FINAL PROGRAM EIR FOR
THE GPA/ZC NO. P99-0647 PROJECT; MAKING FINDINGS AND
CERTIFYING THAT THE FINAL PROGRAM EIR HAS BEEN
COMPLETED IN COMPLIANCE WITH THE CALIFORNIA
ENVIRON MENTAL QUALITY ACT, THE STATE EIR GUIDELINES
AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION
PROCEDURES. (RE: GPA/ZC NO. P99-0647)
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with
the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY,
OCTOBER 2, 2000, and THURSDAY, OCTOBER 5, 2000, on General Plan Amendment/Zone
Change P99-0647 of the proposed amendment to the Land Use Element and Circulation Element
of the Metropolitan Bakersfield 2010 General Plan and the Zoning Ordinance, notice of the time and
place of hearing having been given at least ten (10) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such Program Environmental Impact Report (EIR) is for Concurrent
General Plan Amendment/Zone Change No. P99-0647 as follows:
General Plan Amendment/Zone Chan~le P99-0647:
Mountain View Bravo, LLC and S & J Alfalfa have applied to amend
the Land Use Element and the Circulation Element of the Metropolitan
Bakersfield 2010 General Plan and the Zoning Ordinance consisting of
changes as follows:
Land Use Element Amendment - consisting of changes from MUC
(Mixed Use Commercial), LR (Low Density Residential) and HR
(High Density Residential) to GC (General Commercial) on 96.90
acres; and from MUC and LR to HR on 65.50 acres generally
located between Paladino Drive, State Route-176, Masterson
Street and Vineland Road (extended); and
Circulation Element Amendment - an amendment establishing
new arterial and collector street alignments within the
development site generally located between Paladino Drive, State
Route-178, Masterson Street and Vineland Road (extended); and
Zone Chanqe - an amendment to the zoning ordinance changing
the zoning districts from A (Agriculture) and R-l(One-Family
Dwelling) to C-2 (Regional Commercial) on 96.9 acres; from A to
R-1 on 500 acres; from A and R-1 to R-3 (Limited Multiple-Family
Dwelling) on 18.12 acres, and R-2 on 47.38 acres generally
located between Paladino Drive, State Route-178, Masterson
Street and Vineland Road (extended).
WHEREAS, for the above-described projects, an Initial Study and Notice
of Preparation (NOP) was conducted and it was determined that the proposed project
would have a significant effect on the environment and therefore, a Program
Environmental Impact Report was required for the project and was prepared in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, in order to provide greater public participation, all those
property owners within 300 feet and all those who requested notification at a Planning
Commission public hearing or requested special notice to the Development Services
Department were noticed individually of the availability of the Draft Program
Environmental Impact Report (EIR), and this public hearing; and
WHEREAS, the environmental record prepared in conjunction with the
project includes the following:
The Notice of Preparation, the Draft Program Environmental Impact
Report and the Final Program Environmental Impact Report; and
All staff reports, memoranda, maps, letters, minutes of meetings, and
other documents prepared by the consultants relating to the project; and
All testimony, documents, and evidence presented by the City and
consultants working with the city relating to the project; and
The proceedings before the Planning Commission relating to the project
and Draft Program Environmental Impact Report, including testimony
and documenting evidence introduced at the public hearings; and
Matters of common knowledge to the City Council which it considers
including but not limited to, the following:
The City of Bakersfield Metropolitan Bakersfield 2010
General Plan; and
2. The City of Bakersfield Zoning Ordinance; and
3. The City of Bakersfield Municipal Code; and
Other formally adopted policies and ordinances of the City
of Bakersfield.
WHEREAS, the Draft Program Environmental Impact Report was subject to a forty-
five (45) day review period in accordance with Section 15087 of California Code of Regulations; and
WHEREAS, the public hearing on the Draft Program Environmental Impact Report
was held during the latter half of the public review period as is required by the City of Bakersfield,
California Environmental Quality Act (CEQA) Implementation Procedures; and
WHEREAS, the Notice of Preparation (NOP) for this project was sent to all agencies
having any involvement in this project per Section 15082 of California Code of Regulations; and
WHEREAS, the notice of public hearing was given to all commenting agencies as
is required by the City of Bakersfield CEQA Implementation Procedures, State CEQA Guidelines
and State Law; and
WHEREAS, the applicant has entered into an agreement with the City of Bakersfield
to implement all mitigation measures identified in the environmental analysis contained with the EIR;
and
WHEREAS, the project site is a podion of an irregular shaped parcel consisting of
693.90 acres that was annexed to the City of Bakersfield in 1977; and
WHEREAS, the "Findings of Fact in suppod of Findings for Significant Environmental
Effects" for GPNZC P99-0647 is attached in Exhibit "A" and incorporated herein by this reference;
and
WHEREAS, the "Statement of Overriding Considerations" for GPAJZC P99-0647 is
attached hereto in Exhibit "B" and made a part hereof by this reference; and
WHEREAS, the laws and regulations relating to the preparation and adoption of
Environmental Impact Reports as set forth in the City of Bakersfield CEQA Implementation
Procedures and State CEQA Guidelines, have been duly followed by the city staff and the City
Council; and
WHEREAS, Potentially Significant Impacts have been mitigated, see Exhibit "A",
attached hereto and incorporated herein by this reference, and which describes those impacts
identified by the Draft Program Environmental Impact Report that will be mitigated to a less than
significant level. As to each of said impacts, the City Council hereby finds that mitigation
incorporated into the project will avoid impacts or mitigate impacts to a less than significant level.
Each of the impacts including the Findings of Fact in support of Findings for Significant
Environmental Effects for GPNZC P99-0647 is as set forth in Exhibit "A"; and
WHEREAS, as to Significant and Unavoidable Impacts, certain environmental
impacts are considered unavoidable and cannot feasiblely be mitigated to a less-than significant
level. Moreover, the project alternatives analyzed in the Final Program EIR would not feasiblely
mitigate the impacts. These impacts are discussed in Exhibit "A", attached hereto and incorporated
herein by this reference. Notwithstanding disclosure of these impacts and their partial mitigation,
the Planning Commission elected to recommend approval of the project due to overriding
considerations as set forth in the "Statement of Overriding Considerations" attached as Exhibit "B".
WHEREAS, on October 13, 2000, an appeal of the Planning Commission's decisions
was filed by Steve Hollis; and
WHEREAS, the City Council has considered the appeal
Commission's decision filed by Steve Hollis.
3
NOW THEREFORE, BE IT RESOLVED and found by the City Council of the City
of Bakersfield as follows:
The above recitals and findings, together with the Statement of
Facts/Statement of Overriding Considerations attached hereto as Exhibit "B"
and incorporated herein by reference, are true and correct and are
incorporated herein.
The report of the Planning Commission, including maps and all reports and
papers relevant thereto, has been transmitted by the Secretary of the
Planning Commission to the City Council.
3. That all required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
That the applicant by prior written agreement shall comply with all adopted
mitigation measures contained within the Draft Program Environmental
Impact Report and Final Program Environmental Impact Report.
The City Council hereby finds that mitigation incorporated into the project
avoids impacts or mitigates impacts to less than significant level. Each of the
impacts and the facts substantiating this finding are as set forth in Exhibit "A"
attached hereto and made a part hereof by this reference.
Significant and Unavoidable Impacts. Certain environmental impacts are
considered unavoidable and cannot feasibly be mitigated to a less-than
significant level. Moreover, the project alternatives analyzed in the Final EIR
would not feasibly mitigate the impacts. These impacts are discussed in
Exhibit "A". Notwithstanding disclosure of these impacts and their partial
mitigation, the City Council elects to approve the project due to overriding
considerations as set forth in the "Statement of Overriding Considerations"
as attached as Exhibit "B," and made a part hereof by this reference
Filing of Notice of Determination. The Planning Division of the Development
Services Department is hereby directed to file a Notice of Determination with
the County Clerk of Kern County, pursuant to the provisions of Section
21152 of the Public Resources Code and Section 15094 of the State CEQA
Guidelines adopted pursuant thereto.
A Mitigation Monitoring Plan describing the monitoring and mitigation is
found in the Program Environmental Impact Report and Exhibit "C" and
incorporated herein by this reference, and the City Council elects to approve
this plan as implementation of the mitigation measures for the General Plan
Amendment/Zone Change No. P99-0647.
10.
The City Council hereby certifies the Program Environmental Impact Report
for General Plan AmendmentJZone Change P99-0647.
11. The City Council hereby denies the appeal of the Planning Commission
decision recommending certification of the EIR.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of.the City of Bakersfield at a regular meeting thereof held on November 15, 2000
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER HoN~
COUNCILMEMBER I',J O1'4 ~,
COUNCILMEMBER t,3(~i~t~',
APPROVED
NOV J 5
i~I~YBOP~e City of Bak~/2~j"j/q)r~'/~ersfield
APPROVED as to form:
BART THILTGEN
City Attorney
S:\Dole\P99-0647~CC EIR Certification Reso3ution.wpd
City in the Hills EXHIBIT A
FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE CITY IN THE HILLS PROJECT AND
STATEMENT OF OVERRIDING CONSIDERATIONS
(September 19, 2000)
INTRODUCTION
The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the
CEQA Guidelines Section 15091 provide that:
"No public agency shall approve or carry out a project for which an environmental impact
report has been certified which identifies one or more significant efl~cts on the
environment that would occur if the project is approved or carried out unless the public
agency makes one or more of the following findings:
a. Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant eftbcts on the environment.
b. Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can and should be, adopted by that other agency.
Specific economic, social, or other considerations make infeasibte the mitigation
measures or project alternatives identified in the final environmental impact
report."
Because the City in the Hills project Environmental Impact Report (EIR) identified significant effects
that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA
Guidelines, the City of Bakersfield hereby adopts these findings as part of the approval of the City in
the Hills project and related applications.
The City of Bakersfield has prepared an EIR for the project in accordance with CEQA and CEQA
Guideline requirements. The EIR was subject to review and approval by the Bakers field City Cotmcil.
At a public hearing held on November 15, 2000, the EIR was certified as adequate in accordance with
CEQA procedures.
After adopting this Statement of Findings of Fact, the Bakersfield City Council can approve the City
in the Hills project. All subsequent tract maps, grading permits, mitigation implementation, and
regulatory agreements and permits will be reviewed based on the documentation in the EIR.
MITIGATED ADVERSE IMPACTS
The potential significant adverse impacts that would be mitigated are listed in the following sections.
The Bakersfield City Council finds that these potential adverse impacts would be mitigated to a level
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that is considereal less thm~ significant after implementation of the project design featuras and
recommend~ mitigation measures.
BIOLOGICAL RESOURCES
Special-Status Species
Significant Impact
Direct take ~f San Joaquin kit fox, blunt-nosed leopard lizard, and burrowing owl could possibly occur
during grading of the approximately 694-acre site. Vehicular collisions as well as depredation by
domestic dogs and cats could also result in the direct take of special-status wildlife species.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to the issuance of a grading permit, the project applicant shall pay a development fee in
accordance with the Metropolitan Bakers field Habitat Conservation Plan (MBHCP).
Prior to the issuance of a grading permit on the 694-acre site, the project proponent shall
comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires
certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding
tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific
measures during the construction phase of the project shall be implemented and include the
following:
a)
A preconstruetion survey shall be conducted prior to site grading to search for active kit
fox dens. The survey shall be conducted not more than 30 days prior to the onset of
consu'uction activities in areas subject to development to determine the necessity of den
excavation.
b) Monitoring and excavation of each known San Joaquin kit fox den which cannot be
avoided by constroetion activities shall occur.
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c) Notification of wildlife agencies of relocation opportunity prior to ground disturbance in
areas of known kit fox dens shall be provided.
d)
Excavations shall either be constructed with escape ramps or covered to prevent kit fox
entrapment. All trenches or steep-walled excavations greater than three feet deep shall
include escape ramps to allow wildlife to escape. Each excavation shall contain at least
one ramp, with long trenches containing at least one ramp every I/4 mile. Slope of ramps
shall be no steeper than I:l.
e)
All pipes, culverts or similar structures with a diameter of four inches or greater shall be
kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they
will be inspected prior to burial or closure to ensure no kit foxes, or other protected
species, become entrapped.
All employees, contractors, or other persons involved in the construction of the project
shall attend a "tailgate" session informing them of the biological resource protection
measures that will be implemented for the project. The orientation shall be conducted by a
qualified biologist and shall include information regarding the life history of the protected
species, reasons for special status, a summary of applicable environmental law, and
measures intended to reduce impacts.
g) All food, garbage, and plastic shall be disposed of in closed containers and regularly
removed from the site to minimize attracting kit fox or other animals.
Because "take" of blunt-nosed leopard lizards is also currently prohibited by Section 5050 of
the California Department of Fish and Game (CDFG) Code, additional mitigations are
necessary in addition to those required by the MBHCP. The following measures are
recommended to comply with this Section 5050:
a)
Surveys for blunt-nosed leopard lizards shall be conducted following CDFG protocols.
These surveys should be conducted between April 15 and June 30 under fie specified time
and temperature conditions. This survey is necessary to determine the current status of
blunt-nosed leopard lizards on the project site.
b) If blunt-nosed leopard lizards are detected, the applicant shall submit methods for
compliance with Fish and Game Code Section 5050 to CDFG for review and approval.
Raptor Nest Disturbance
Significant Impact
Implementation of the proposed project may disturb active burrowing owl nests. Nests of other raptors
are not expected to be impacted.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
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Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than significant
by virtue of project design features and the following mitigation measures as identified in the final EIR
and incorporated into the project.
Prior to the issuance of a grading permit for the approximately 694-acre site. the project
applicant shall comply with the following raptor nest mitigation:
a)
If site grading is proposed during the raptor nesting season (February-September), a
focused survey for raptor nests shall be conducted by a qualified raptor biologist prior
to grading activities in order to identify active nests in areas potentially impacted by
project implementation.
b)
If construction is proposed to take place during the raptor nesting/breeding season
(February -September), no construction activity shall take place within 500 feet of an
active nest until the young have fledged (as determined by a qualified raptor biologist).
Any nests that must be removed as a result of project implementation shall be removed
during the non-breeding season (October-January).
c)
Preconstruction surveys shall include a survey for burrowing owl. If active burrowing
owl burrows are detected outside of breeding season (September I through January
31 ), passive and/or active relocation efforts may be undertaken if approved by CDFG
and United States Fish and Wildlife Service (USFWS). If active burrowing owl
burrows are detected during breeding season (February 1 through August 31 ). no
disturbance to these burrows shall occur without obtaining appropriate permitting
through the Migratory Bird Treaty Act.
Sensitive Habitats/Jurisdictional Areas
Significant Impact
Areas under the jurisdiction of United States Amy Corp of Engineers (USACE) or CDFG may be
impacted by the project. Impacts to these areas would be considered significant.
Finding
Changes or alterations are within the responsibility and jurisdiction of another public agency and have
been, or can and should be, adopted by that other agency.
Facts in Support of Finding
The significant effbct has been eliminated or substantially lessened to a level that is less than significant
by virtue of project design features and the following mitigation measure as identified in the final EIR
and incorporated into the project.
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A formal jurisdictional delineation will be conducted. if project development would impact
jurisdictional areas, a Clean Water Act, Section 404 permit from USACE and/or a CDFG
Section 1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG
respectively prior to the issuance of a grading permit and/or approval of plans and
specifications. USACE and CDFG typically require mitigation plans to be prepared prior to
the loss of habitat within jurisdictional areas.
Indirect Impacts
Significant Impact
Following project buildout, increased vehicular traffic, noise, pollutants, and other indirect impacts are
expected to adversely affect local wildlife. Wildlife mortality could occur from collisions with motor
vehicle traffic. Depredation on native wildlife by dogs and cats is expected to increase. Human related
impacts on wildlife such as disturbance of active nests or dens are also expected to increase. The
introduction of non-native invasive plant species could occur due to project implementation.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
The following invasivo exotic plants shall not be used in any project residential or commercial
landscaping: lamarisk (all species) and pampas grass. In addition, vegetation at any ponds or
water features shall be managed in a way such that none of the invasive exotic plants listed by
the Depamnent of Agriculture are allowed to become established. Typical invasive exotic
plants that can become problematic in this region include: water hyacinth and pampas grass.
During construction, site boundaries shall be clearly marked with flagging, fencing, or other
suitable material to prevent construction equipment and vehicles from impacting adjacent
habitat areas potentially occupied by special status species.
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TRAFFIC AND CIRCULATION
Proiect Traffic Volumes
Significant Impact
The proposed project will result in the generation of 60,976 trips of which 51,830 trips will be
distributed to roadways in the project vicinity while the remaining 9,146 trips would remain on
roadways on the project site. This increase in project traffic as well as Waffic from future related
growth would result in project and cumulative impacts to 4 intersections and 4 sweet segments in the
year 2010 and 12 intersections and I street segment in the year 2020.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to the issuanCe of building permits, the project applicant shall comply with the
Metropolitan Bakersfield Transportation Impact Fee Program. These improvement fees shall
be used to provide the improvements listed on pages 44 and 45 in Appendix C in the Draft
EIR. The following improvements shall be included within the improvement list. Prior to
issuance of building permits, the applicant's funding calculations for all improvements
associated with the fee program shall be submiRed to the City for review and approval.
The following tralTtc signals shall be installed prior to full buildout of the project which is
expected to occur in the year 2020:
Panorama Drive and Morning Drive
Morning Drive and Auburn Street
Paladino Drive and Faiffax Road
Vineland Road and SR 184
Paladino Drive and Morning Drive
The following roadway segments shall be installed prior to full buildout of the project which
is expected to occur in the year 2020:
Install 2 lanes of pavement on Paladino Drive from Faiffax Road to Masterson Street.
Install 2 additional lanes of pavement on Kern Canyon Road from SR 178 to Niles
Sweet.
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Prior to the issuance of building permits, the project applicant shall provide its fair share
funding toward the following improvements. The funding for the following improvements
shall be distributed equitably between future land uses through the development of a foe per
unit for residential or per square foot for non-residential. The development fees shall be paid
prior to the issuance of each building permit.
Traffic signals shall be installed at the following locations prior to one-half buildout of the
project which is expected to occur in the year 2010 and full buildout of the project which is
expected to occur in the year 2020:
Year 2010 (Project One-Half Buildout)
Vineland Road and Interior Collector Street
Panorama Drive and Interior Collector Street (2 locations)
Panorama Drive and Masterson Street
Morning Drive and SR 178
Masterson Street (SR 184) and Old SR 178
Vineland Road and SR 178
Year 2020 (Full Project Buildout)
SR 184 and Chase Avenue
Queen Sweet and Paladino Drive
Alfred Harrell Highway/Comanche Drive and SR 178
The following intersection improvement shall be installed at the following location prior to
one-half buildout of the project which is expected to occur in the year 2010:
Year 2010 (Project One-Half Buildout)
Add one left turn lane to eastbound and westbound lanes and re-time traffic signals at
the intersection of Faiffax Road and SR 178.
The following roadway segments shall be installed prior to one-half buildout of the project
which is expected to occur in the year 2010:
Year 2010 (Project One-Half Buildout)
Install Vineland Road between SR 178 and Collector Loop SWeet.
Install half width of SR 178 and Masterson Street along the project frontage.
Install 2 lanes of pavement on Panorama Drive from Morning Drive to Queen Street.
Install 2 additional lanes of pavement on Old SR 178 from Fairfax Road to Alfred
Harrell Highway/Comanche Drive·
Prior to the issuance of a building permit, the project applicant shall provide funding for the
future re. aligned SR 178 between Fairfax Road and Alfred HatTell Highway/Comanche Drive.
The project applicant shall provide a fair share amount of that portion of the future realigned
SR 178 that is determined to be the obligation of local development. The project's share of
tralTm on SR 178 is 7.5 percent. Local funding for the future realignment of SR 178 shall be
distributed equitably between future land uses through the development of a fee per unit for
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residential or per square foot for non-residential. Local fees shall be paid prior to the issuance
of each building permit.
Prior to the issuance of building permits, the project applicant shall provide the City of
Bakersfield with a phasing plan of the onsite roadway segments. The project applicant shall
install the following roadway segments that am not part of the Metropolitan Bakersfield
Transportation Impact Fee Program:
Install Panorama between Queen Street and Masterson Street.
Install the onsite Collector Loop Street.
Install Valley Lane between Panorama Drive and Paladino Drive.
Install Queen Street between Panorama Drive and Paladino Drive.
The project applicant shall provide full funding for all improvements on the project site and provide its
fair share funding toward the portion of the improvements that are outside of the project site (i.e., the
westerly half-width of Queen Street between Panorama Drive and Paladino Drive). The shared
funding for the above improvements shall be distributed equitably between future land uses through
the development of a fee per unit for residential or per square foot for non-residential. The
development fees shall be paid prior to the issuance of each building permit.
NOISE
Commercial Noise Sources
Potentially Significant Impact
Proposed commercial land uses would be adjacent to and near proposed residential land uses, which
would be exposed to varying amounts of commercial noise impacts from such sources as air
conditioning units, trash compactors, fans, compressors, and truck deliveries.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the potential significant effects on the environment.
Facts in supporting Finding
The potential significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
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Prior to the issuance of a building permit for the proposed commercial uses, the project
applicant shall demonstrate that project commercial noise source impacts on nearby residences
are below those indicated in the City's hourly noise level performance standards. To
demonstrate that commercial noise source impacts are below the City's standards, the project
applicant may need to include project design features such as setbacks, barriers, building
location/orientation, acoustical design of buildings, etc.
Project-Related Onsite Traffic Noise
Significant Impact
Development of the proposed land uses would result in a daily traffic volume increase of
approximately 60,976 trips. In the year 2010, two onsite street segments along Masterson Street would
experience noise levels that exceed 65 dB CNEL, which is considered a significant noise impact. In
the year 2020, there would be 6 onsite street segments along Panorama Drive, Vineland Road, SR 178
(future alignment), Masterson Street, and Paladino Drive that would experience noise levels that
exceed 65 dB CNEL, which is also considered a significant noise impact.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant efteels on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
Prior to the issuance of building permits, the project applicant shall reduce noise levels on the
project residences by setting residential uses back from the roads by a distance equal to or
greater than the 65 dB CNEL contour. For the future alignment of SR 178, the minimum
setback distance shall be 188 feet; for the remaining roadways mentioned above, the minimum
setback shall be 84 feet. As an alternative to setbacks, the project applicant could use sound
walls to mitigate traffic noise levels. The exact height and placement of soundwalls would
depend on lot design and grading. Walls in the range of 6 to 10 feet probably would suffice for
most situations. When lot design and grading are established, an acoustical consultant shall
establish necessary wall heights and locations.
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AIR QUALITY
Short-Term Emissions -Construction Activity Ful~itive Dust
Significant Impact
Construction of the proposed project could have a temporary significant impact on local air quality in
the form of fugitive dust (PM 10)emissions. Fugitive dust emissions are associated with land clearing,
ground excavation, cut and fill operations, and truck travel on unpaved roads.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant efl~cts on the environment.
Facts in Support of Finding
The significant eft~ct has been eliminated or substantially lessened to a level that is less than significant
by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Compliance with San Joaquin Valley Air Pollution Control District (SJVUAPCD) Regulation VIII and
the City of Bakers field air quality regulations would result in no significant fugitive dust emissions. To
ensure compliance, the following measure shall be implemented:
Prior to approval of a grading plan for any residential tract, multiple family project, and
commercial project, the project applicant shall submit a letter to the City of Bakers field
Planning Department from the SJVUAPCD stating the dust suppression measures that
shall be completed during construction activities to comply with SJVUAPCD Regulation
VIII.
In addition to compliance with Regulation VIII. the following measures can further reduce fugitive dust
emissions associated with the project. The following shall be incorporated into building plans:
Cover all access roads and parking areas with asphalt-concrete paving.
Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use
of cutback, slow-cure and emulsified asphalt paving materials.
Use water sprays or chemical suppressants on all unpaved areas to control fugitive
emissions.
Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions.
Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
Limit construction-related vehicle speeds to IS mph on all unpaved areas at the
construction site.
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All haul trucks should be covered when transporting loads of soil.
Wash off construction and haul trucks to minimize the removal of mud and dirt from the
project site.
Short-Term Emissions -Construction E~uioment Exhaust Emissions
Significant Impact
Construction activity will also result in exhaust emissions from diesel-powered heavy equipment.
Exhaust emissions from construction include emissions associated with the transport of m. achinery and
supplies to and from the site, emissions produced onsite as the equipment is used, and emissions from
trucks transporting excavated materials from the site and fill soils to the site. Examples of these
emissions include CO, ROG, NOx, SOx and PM~0.
]Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant efteeLs on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
The following shall be incorporated into grading and building plans:
· Properly and routinely maintain all construction equipment, as recommended by manufacturer
manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee commuting
to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
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City in the Hills
CULTURAL RESOURCES
Paleontoloaical Resources
Potentially Significant Impact
Grading activities in the southwest portion of the project site between elevations 600 feet and 700 feet
could result in impacts to the Sharktooth Hill bonebed.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the potential significant effects on the environment.
Facts in Support of Finding
The potential significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
A paleontological monitoring program that includes the following measures shall be implemented to
reduce potential impacts on the Sharktooth Hill bonebed.
· Prior to grading, a paleontologist shall be retained, attend a pre~grading meeting, and set forth
the procedures to be followed during the monitoring program.
One paleontological monitor shall be provided that is trained and equipped to allow rapid
removal of fossils with minimal construction delay, Full-time monitoring of the portions of the
project site that have earth-disturbing activities at elevations between 600 feet and 700 feet
shall be provided.
If fossils are found within an area being cleared or graded, earth-disturbing activities shall be
diverted elsewhere until the monitor has completed salvage of the fossils. If construction
personnel make the discovery, the grading contractor shall immediately divert construction
and call the monitor to the site. Major salvage time may be shortened by grading constmctor's
assistance (e.g., removal of overburden, lifting, and removing large and heavy fossils).
The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon
completion of grading, the project paleontologist shall prepare a summary report documenting
mitigation and results, with itemized inventory of collected specimens. The paleontologist
shall submit the report to the City of Bakersfield, designated depository, and any other
appropriate agency, and transfer fossil collection to a depository within the City of Bakersfield
6r County of Kere. The summary report shall be submitted to the City. This submittal will
signify completion of the program to mitigate impacts on paleontological resources.
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City in the Hills
PUBLIC SERVICES AND UTILITIES
Fire Protection Services
Significant Impact
Development of the proposed project would result in a substantial increase in population and
structures on the project site and require 8.7 additional fire protection personnel to serve the site based
on the current City staff levels.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measures as identified in
the final EIR and incorporated into the project.
Prior to the issuance of building permits, the project applicant shall submit building plans to
and obtain approval from the Bakersfield Fire Department so that fire department personnel
and equipment can be reviewed and evaluated to determine the need to increase personnel and
equipment to serve each individual project.
Prior to the approval of grading plans, the project applicant shall submit emergency fire access
plans to the Fire Department for review and appwval to assure that service to the site is in
accordanea with the Bakersfield Fire Department requirements.
· Prior to the commencement of structured framing onsite, the project applicant shall install fire
hydrants in accordance with the City-approved building plans.
Prior to the approval of street improvement plans, the project applicant shall demonstrate to
the City Fire Department that the nnsite water supply system is designed to provide sufficient
fire flow pressure and storage in accordance with City Fire Department requirements.
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City in the Hills
Police Protection Services
Significant Impact
Development of the proposed project would result in a substantial increase in population and
structures on the project site and require 15 additional police protection personnel to serve the site
based on the current City staff levels.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
Prior to the issuance of building permits, the project applicant shall submit building plans to
and obtain approval from the Bakersfield Police Department so that police department
personnel and equipment can be reviewed and evaluated to determine the need to increase
personnel and equipment to serve each individual project.
School Services
Significant Impact
Implementation of the proposed project would result in the generation of 2,087 K-6th, 821 7-81h, and
1,013 9-121h students.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
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City in the Hills
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
Prior to the issuance of building permits, the project applicant shall pay District-adopted
development impact school fees that are in effect at the time of issuing each permit. The
District-adopted fees are required to be in accordance with State statutes that are in effect at
the time of issuing each permit. In lieu of the above, the project applicant may comply with
alternative mitigation acceptable to the District.
Stormwater Drainage
Significant Impact
Development of the proposed project would result in substantial increases in stormwater runoff and
potential significant impacts on existing drainage facilities.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by virtue of project design features and the following mitigation measure as identified in
the final EIR and incorporated into the project.
Prior to the issuance of a grading permit, the project applicant shall submit drainage plans for
the project site for review and approval by the City of Bakersfield. The drainage plans shall
identify all necessary onsite and offsite drainage facilities to accommodate project-related as
well as cumulative (in accordance with the existing General Plan) drainage volumes and
velocities. Modifications to the existing PDA for the Breckenridge area will require an
approval of an amendment to the PDA by the City of Bakersfield.
SIGNIFICANT tINAVOIDABLE ADVERSE IMPACTS
The potential significant adverse impacts associated with the implementation of the City in the Hills
project are listed below. The Bakersfield City Council finds that these potential significant adverse
impacts would be reduced with the implementation of the project-related design features and
It :/CI ienlKI216/021600011 FN D doc
15
Findings
City in the Hil~
recommended mitigation measures; however, the impacts cannot be reduced to a level less than
significant. The Bakersfield City Council is adopting a Statement of Overriding Consideration per
Section 15093 of the CEQA Guidelines.
LAND USE AND PLANNING
Consistency with Plans, Policies. and Programs
Significant Impact
The proposed project would not conflict with most of the goals of.the General Plan and with other
regional plans and policy documents including the Metropolitan Bakersfield Habitat Conservation
Plan, Air Quality Attainment Plan, and the Regional Transportation Plan. However, the project would
not be consistent with the Noise Element of the City's General Plan. The project includes residences in
an area that would expose future residents to noise levels from racing events at Mesa Marin RaGeway
that exceed the City' s noise performance standards.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR.
Facts in Support of Finding
No feasible mitigation measures are available for the project applicant to reduce noise levels from the
Mesa Marin Raceway to less than the City's LsrL55 dBA standard for affected residences. The No
Projectf No Development Alternative would avoid significant and unavoidable land use and planning
impacts, but would not meet any of the project objectives. The Alternative Design and Less Intense
Development Alternative would both result in reduced land use and planning impacts compared to the
proposed project, but would not meet many of the project objectives. The No Project/Development in
Accordance with Existing General Plan Land Use Designations Alternative would result in greater
land use and planning impacts than the proposed project.
The significant and unavoidable adverse impacts on land use and planning by the proposed project are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A.
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City in the Hills
NOISE
Project Related Offsite Traffic Noise
Significant Impact
in the year 2010, one offsite roadway segment (along SR 178) would experience a significant adverse
project-related traffic noise level, and in the year 2020, there would be 6 offsite roadway segments
(along Panorama Drive, Fairfax Road, and Paladino Drive) that would experience significant adverse
project-related traffic noise levels.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
altemativas identified in the final EIR.
Facts in Support of Finding
No feasible measures are available for the project applicant to reduce offsite traffic noise. While the
No Project/No Development Alternative would avoid significant and unavoidable noise impacts from
offsite lraf'~c noise, this alternative would not meet any of the project objectives. The Alternative
Design and L~ss Intense Development Alternative would both result in reduced noise impacts from
project-related offsite traffic noise, but would not meet many of the project objectives. The No
Project/Development in Accordance with Existing General Plan Land Use Designations Alternative
would result in higher levels of project-related traffic and, therefore, greater project-related offsite
traffic noise impacts.
The significant and unavoidable adverse impacts from project-related offsite traffic noise from the
proposed project are considered to be acceptable in light of the Statement of Overriding
Considerations provided herein as Attachment A,
Mesa Marin Raeewav Noise
Significant Impact
Development of residential land uses in the southern half of the project site will expose residents to
noise levels that exceed Lf0-55 dBA. These noise levels would be generated by racing events at the
adjacent Mesa Marin Raceway,
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Findings
City in the Hills
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR,
Facts in Support of Finding
No feasible measures are available for the project applicant to reduce noise levels from the Mesa
Marin Paceway to less than L50-55 dBA. While the No Projec~No Development Alternative would
avoid significant and unavoidable noise impacts from Mesa Marin Paceway by keeping residences out
of the southern portion of the site, this alternative would not meet any of the project objectives. The
Alternative Design and Less Intense Development Alternative would both result in reduced noise
impacts from Mesa Marin Paceway, but would not meet many of the project objectives. The No
Project/Development in Accordance with Existing General Plan Land Use Designations Alternative
includes residences in the southern portion of the project site so would result in the same noise impacts
from Mesa Marin Paceway.
The significant and unavoidable adverse impacts from Mesa Marin Paceway noise are considered to
be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A.
Cumulative OffsiteTrafficNoise
Significant Impact
In the year 2020, the proposed project and future growth will result in significant adverse cumulative
traffic noise levels along Panorama Drive, old SR 178, Fairfax Road, Morning Drive, SR 184, SR 178
(future alignment), Masterson Street, and Paladino Drive.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR.
Facts in Support of Finding
No feasible measures are available for the project applicant or applicants for development of future
growth to reduce offsite traffic noise. While the No Prnject/No Development Alternative would not
contribute to cumulative offsite traffic noise, this alternative would not meet any of the project
objectives. The Alternative Design and Less intense Development Alternative would both result in
H:lClient~216/02160001 I.FND.d4~
18
City in the Hills
reduced impacts in terms of cumulative offsite traffic, but would not meet many of the project
objectives. The No Project/Development in Accordance with Existing General Plan Land Use
Designations Alternative would result in higher levels of project-related traffic and, therefore, greater
contribution to cumulative offsite traffic noise.
The significant and unavoidable adverse impacts of cumulative offsite traffic noise for the proposed
project are considered to be acceptable in light of the Statement of Overriding Considerations provided
herein as Attachment A.
AIR QUALITY
Lon2-Term Emissions
Significant Impact
Long-term emissions will be caused by mobile sources (vehicle emissions) and stationary source
energy consumption (heating and cooling) emissions. The major long-term impact to air quality will
be ROG and NOx emissions caused by motor vehicles traveling to and from the project site, and NOx
emissions from stationary source energy consumption.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR.
Facts in Support of Findings
Implementation of the following mitigation measures will serve to lessen project impacts; however,
the impacts would remain significant. The No Project/No Development Alternative would completely
avoid the significant and unavoidable adverse air quality impacts associated with long-term
operational activities, but would not meet any of the project objectives. The Alternative Design and
Less Intense Development Alternative would beth result in reduced air quality impacts compared to
the proposed project, but would not meet many of the project objectives. The No
ProjecVDevelopment in accordance with Existing General Plan Land Use Designation Alternatives
would result in greater long-term air quality impacts than the proposed project.
Prior to issuance of a building permit, transportation control measures and design features
shall be incorporated into the project to reduce emissions from mobile sources. A strategy to
reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic congestion
includes the following:
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19
City in the Hills
a) Improve street and traffic signals for those intersections and street segments that will
accommodate traffic from the proposed project,
The project applicant shall incorporate the following into building plans:
· Use low-NO, emission water heaters.
· Provide shade trees to reduce building cooling requirements.
· Install energy-efficient and automated air conditioners.
· Exterior windows shall all be double-paned glass.
· Energy-efficient (low-sodium) parking lights shall be used.
· Use EPA-approved wood burning stoves, fireplace inserts or pellet stoves in lieu of
conventional fireplaces.
Implementation of the above measures will serve to substantially, but not completely, mitigate the
potentially significant long-term air quality impacts. The remaining unavoidable adverse impacts are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A.
AESTHETICS
Significant Impact
Since the project site does not currently include any development, implementation of the proposed
project would substantially alter the existing visual characteristics of the site and substantially alter the
existing viewsheds surrounding the site. The proposed project would introduce new sources of light
associated with the general commercial land uses, including parking lot lighting, sign lighting, and
security lighting. Increased traffic in the area would also create additional sources of light.
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR.
Facts In Support of Findings
Implementation of the following mitigation measures would lessen or avoid project impacts; however,
the impacts would remain significant. The No Pro. ieet/No Development Alternative would completely
avoid the significant and unavoidable adverse aesthetic impacts associated with development of the
project site, but would not meet any of the project objectives. The Alternative Design and Less
Intense Development Alternative would both result in reduced aesthetic impacts compared to the
proposed project, but would not meet many of the project objectives. The No Project/Development in
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2O
City in the Hills
Accordance with Existing Land Use Designations Alternative would result in an increased
development intensity, and therefore greater aesthetic impacts.
Prior to the issuance of building permits, the project applicant shall outline specifications for
outdoor lighting locations and other intensely lighted areas. The specifications shall identify
minimum lighting intensity ne.~ts and design lights to be directed towards intended uses.
Methods to reduce light impacts may include low-intensity light fixtures and hooded shields.
Prior to the issuance of building permits, the project applicant shall submit and obtain City
approval of lighting plans. The lighting plans shall verify that outdoor lighting on private
residences is designed so that all direct rays are confined to the site and that adjacent residences
are protected from substantial light and glare.
Implementation of the above measures will serve to substantially, but not completely, mitigate the
potentially significant aesthetic impacts. The remaining unavoidable adverse impacts are considered
to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment
A.
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21
Findings
City in the Hills
EXHIBIT B
ATTACHMENT A
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of
a proposed project against its unavoidable environmental risks in determining whether to approve the
project. The City of Bakersfield proposes to approve the City in the Hills project although
unavoidable adverse land use, noise, air quality, and aesthetic impacts have been identified in the EIR.
Even though these adverse impacts are not reduced to a level considered less than significant, the
Bakersfield City Council finds that those impacts are outweighed by the benefits of the City in the
Hills project. Further, the alternatives which were identified in the EIR would not provide the project
benefits, as summarized below, to the same extent as the proposed project:
1. Provide a residential and commercial use community on land that historically has not been
used for farming.
Provide a residential and commercial use community that includes similar uses as currently
identified in the Metropolitan Bakersfield 2010 General Plan Land Use Element for the project
site.
3. Provide a mixed use development that would establish residential uses in close proximity to an
employment center.
4. Provide substantial additional housing units within the noaheast Bakersfield area.
5. Provide substantial commercial uses in the City that would increase sales tax revenue to the
'City.
6. Provide right-of-way for the future construction of the approved SR 178 Freeway and the
Vineland Road interchange.
7. Provide right-of-way for the future construction of the SR 178 and Masterson Street
interchange.
Therefore, the Bakersfield City Council, having reviewed and considered the information contained in
the EIR and the public record, adopts the Statement of Overriding Considerations which has been
balanced against the unavoidable adverse impacts in reaching a decision on this project.
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22
Statement of Overriding CoJ~ider,ations
~ ' .... .U,~ ~
City in the Hills
EXHIBIT C
Mitigation Measures
CITY IN THE HILLS PROJECT
MITIGATION MONITORING PLAN
(September 19, 2000)
Mitigation Measure
BIOLOGICAL RESOURCES
Special Status Sheties
· DevelQpme, nt
Services (P~inning
And BUffdlng)
Planning
Verification of Compliance
Engineering.
Services and
Traffic
Engineering Fire Department
h)
BR-I Prior to the issuance of a grading permit, the
pwjeet applicant shall pay a development fee in
accordance with the Meu'opolitan Bakersfield
Habita~ Conservation Plan (MBHCP).
BR-2 Prior to the issuance of a grading permit on
the 694-acre site. the project proponent shall comply
with all appropriate terms and conditions of the
MBHCP. The MBHCP requires certain take
avoidance measures for the San Joaquin kit fox.
MBHCP guidelines regarding u'aeking and
excavation shall be followed to prevent enrapment
of kit fox in dens. Specific measures during the
construction phase of the project shall be
implemented and include the following:
a) A preconstruction survey shall be conducted
prior to site grading to search for active kit fox
dens. The survey shall be conducted not more
than 30 days prior to the onset of construction
activities in areas subject to development to
determine the necessity of den excavation.
Monitoring and excavation of each known San
Joaquin kit fox den which carmot be avoided by
construction activities shall occur.
Notification of wildlife agencies of relocation
Approved by
on
Planning
Approved by
on
\XMBAI\VOLI\WPWINMZIient (PN-JN)~0216~0216001 I',,g216~01 I.MMP.doc
Mitigation Monitoring Plan
City in the Hills
l~itilation Mensure
opportunity prior to ground disturbance in areas
of known kit fox dens shall be provided.
d) Excavations shall either be consU'ucted with
escape ramps or covered to prevent kit fox
entrapment. All trenches or steep-walled
excavations greater than three feet deep shall
include escape ramps to allow wildlife to escape.
Each excavation shall contain at least one ramp,
with long trenches containing at least one ramp
every I/4 mile. Slope of ramps shall be no
steeper than 1: 1.
c) All pipes, culverts or similar sl~uctures with a
diameter of four inches or greater shall be kept
capped to prevent entry of kit fox. If they are not
capped or otherwise covered, they will be
inspected prior to burial or closure to ensure no
kit foxes, or other protected species, become
entrapped.
0 All employees, contractors, or other persons
involved in the construction of the project shall
attend a "tailga~' session informing them of the
biological ~source protection measures that will
be implemented for the project. The orientation
shall be conducted by a qualified biologist and
shall include information regarding the life
history of the protected species, reasons for
special status, a summary of applicable
environmental law, and measures intended to
reduce impacts.
", ~8c)~AII food, garbage, and plastic shall be disposed
'~if in closed containers and regularly removed
::
~ \
~ ' BAI VOLI\WPWINXCli~nt(PN-JN)~0216\02160011~2160011.MMP.dOC
Development
SerVices (Phnning
And Building)
Verification of Corn p!lance
Engineering
Servlcu and
Traffic ' '
Engineernil= l~re Department
Comments
Mitigation Monitoring P/an
City in the Hills
Mitigation Measure
from the site to minimize attracting kit fox or
offier animals.
BR-3 Because "/ake" of binnt-nosed leopard lizards
is also currently prohibited by Section 5050 of the
California Fish and Game Code, additional
mitigations are necessary in addition to those
required by the MBHCP. The following measures
are recommended to comply with this Section 5050:
a) Surveys for blunt-nosed leopard lizards shall be
conducted following CDFG protocols, These
surveys should be conducted between April 15
and June 30 under the specified time and
temperature conditions. This survey is necessary
to determine the current status of blunt-nosed
leopard lizards on the project site.
b) If blunt-nosed leopard lizards are detected, the
applicant shall submit methods for compliance
with Fish and Game Code Section 5050 to
CDFG for review and approval.
Rantor Nest Disturbance
DeVelopment
Services (PInning
And Building)
Planning
Approved by
On
Planning
BR..4 Prior to the issuance of a grading permit for Approved by
the approximately 694-acre site, the project applicant
shall comply with the following raptor nest on
mitigation:
a)
If site grading is proposed during the raptor
nesting season (February-September), a focused
survey for raptor nests shall be conducted by a
qualified raptor biologist prior to grading
activities in order to identif7 active nests in areas
potentially impacted by project implementation.
C'77 ! 5 \MMBAIXVOL|\WPWIN~Iient (PN-JN)%0216~0216OOI IX021600| I.MMP.da¢
Verification of Compliance
Engineering
Services and
Traffic
Engineering Fire Department
3
Mitigation Monitoring Plan
City in the Hills
Mitigation Measure
b) If construction is proposed to take place during
the raptor nesting/breeding season (February -
September), no construction activity shall take
place within 500 feet of an active nest until the
young have fledged (as determined by a
qualified raptor biologist). Any nests that must
be removed as a result of project implementation
shall be removed during the non-breeding season
(OctoberJanuary).
c) Preconstruction surveys shall include a survey
for burrowing owl. If active burrowing owl
burrows are detected outside of breeding season
(September 1 through January 31), passive
and/or active relocation efforts may be
undertaken if approved by CDFG and USFWS.
If active burrowing owl burrows are detected
during breeding season (February I through
August 31), no disturbance to these burrows
shall occur without obtaining appropriate
permitting through the Migratory Bird Treaty
Act.
Sensitive Habitats/Jurisdictional Areas
Development
Services (Planning
And Building)
Planning
BR-5 A formal jurisdictional delineation will be
conducted. If project development would impact
jurisdictional areas, a Clean Water Act, Section 404
permit from USAGE and/or a CDFG Section 1601
Streambed Alteration Agreement will be obtained
from USACE and/or CDFG respectively Prior to the
issuance of a grading permit and/or approval of plans
-il ~and specifications. USACE and CDFG typ ca ly
: "~ i?quire mitigation plans to be prepared prior to the ::,
C"~' ~a~BAI\VOLI\WPWIN~Clicnt (PN-JN)X0216\02160011%02160011 .MMP.doc
Approved by
On
Verification of Compliance
Engineering
Services and
Traffie
Engineering l~re Department
Comments
Mitigation Monitoring Plan
City in the Hills
Mitigation Measure
loss of habitat within jurisdictional areas.
Indirect lmoacts
Development
Senlees (Planning
.4aid Building)
Planning
BR~6 The following invasive exotic plants shall not
be used in any project residential or commercial
landscaping: lamarisk (all species) and pampas grass.
In addition, vegetation at any ponds or water features
shall be managed in a way such that none of the
invasive exotic plants listed by the Department of
Agriculture allowed to become established. Typical
invasive exotic plants that can become problematic in
this region include: water hyacinth and pampas grass.
BR-7 During construction, site boundaries shall be
clearly masked with flagging, fencing, or other
suitable material to prevent constnlction equipment
and vehicles from impacting adjacent habitat areas
potentially occupied by special status species.
TRAFFIC AND CIRCULATION
TR-I Prior to the issuance of building permits, the
project applicant shall comply with the Metropolitan
Bakersfield Transportation Impact Fee Program.
These improvement fees shall be used to provide the
improvements listed on pages 44 and 45 in Appendix
C in the Draft EIR. The following improvements
shall be included within the improvement list. Prior
to issuance of building permits, the applicant's
funding calculations for all improvements associated
with the fee program shall be submitted to the City
for review and approval.
a) The following traffic signals shall be installed
~, ;. ~,pdor to fu~l buildout of the project which is
~"~fected to occur in the year 2020.
CT:K"~I\VOLI\WpWINM:Iient (PN-JN)\0216\0216001 I\02160011.MMP.do~
Approvedby
on
Planning
Approvedby
on
Verification of Compliance
Engineering
Services and
Traffic
Engineering Fire Department
Traffic
Engineering
Approvedby
On
5
Comments
Mitigation Monitoring Plan
City in the Hills
Mitigation Measure
Panorama Drive and Morning Drive
Morning Drive and Auburn Street
Paladino Drive and Fairfax Road
Vineland Road and SR 184
Paladino Drive and Morning Drive
b) The following roadway seemera shall be
installed prior to full buildout of the project
which is expected to occur in the year 2020,
lastall two lanes of pavement on Pa]adino
Drive from Fairfax Road to Masterson
Street.
Install 2 additional lanes of pavement on
Kern Canyon Road from SR 178 to Niles
Street.
TR-2 Prior to the issuance of building permits, the
project applicant shall provide its fair share funding
toward the following improvements. The funding for
the following improvements shall be distributed
equitably between future land uses through the
development of a fee per unit for residential or per
square foot for non-residential. The development fees
shall be paid prior to the issuance of each building
permit.
a) Traffic signals shall be installed at the following
locations prior to one-halfbuildout of the project
which is expected to occur in the year 2010 and
full buildout of the project which is expected to
occur in the year 2020:
DevelOpme. at
S~rvie~S~l~hnning
And B~ilding)
Year 2010 (Project One-Half Buildout)
Vineland Road and Interior Collector Street
~f~(I~BAIXVOLI~WPWIN'Client (PN-3N)~216~0216003 Ix~216001 ].MMP.doc
Verification of Compliance
Engineering
Services and
Traffic
Engineering Fire Department
Traffic
Engineering
Approved by
on
Comments
Mitigation Monitoring Plan
City in the Hills
Miligation M~asur~
Panorama Drive and Interior Collector
Sweet (2 locations)
Panorama Drive and Masterson Sheet
Morning Drive and SR 178
Masterson Sweet (SR 184) and Old SR 178
Vineland Road and SR 178
Development
Services (Planning
And Building)
b)
Year 2020 (Full Project Buildout)
SR 184 and Chase Avenue
Queen Sheet and Paladino Drive
Alfred Harrell Highway/Comanche Drive
and SR 178
The following intersection improvement shall be
installed at the following location prior to one-
half buildout of the project which is expected to
occur in the year 2010.
Year 2010 (Project One-Half Buildout)
c)
Add one left mm lane to eastbound and
westbound lanes and re-time traffic signals
at the intersection of Fairfax Road and SR
178.
The following madway segments shall be
installed prior to one-half buildout of the project
which is expected to occur in the year 2010.
Year 2010 (Project One-Half Buildout)
Install Vineland Road between SR 178 and
Collector Loop SWeet.
· ~ ~-,. ,
~ Install half width of SR 178 and Masterson
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MRigation Measure
Street along the project frontage.
Install 2 lanes of pavement on Panorama
Drive from Moming Drive to Queen Sweet.
Install 2 additional lanes of pavement on
Old SR 178 from Fairfax Road to Alfred
Flarrell Highway/Comanche Drive.
TR-3 Prior to the issuance of a building permit, the
project applicant shall provide funding for the future
realigned SR 178 between Fairfax Road and Alfred
Harrell Highway/Comanche Drive. The project
applicant shall provide a fair share amount of that
portion of the future realigned SR 178 that is
determined to be the obligation of local development.
The project's share of traffic on SR 178 is 7.5
percent. Local funding for the future realignment of
SR 178 shall be distributed equitably between future
land uses through the development of a fee per unit
for residential or per square foot for non-residentiaL
Local fees shall he paid prior to the issuance of each
building permit.
TR-4 Prior to the issuance of building permits, the
project applicant shall provide the City of
Bakersfield with a phasing plan of the onsite
roadway segments. The project applicant shall install
the following roadway segments that are not part of
the Metropolitan Bakersfield Transportation Impact
Fee Program.
Development
Services (Pfan~ing
"And Building)
Install Panorama between Queen Street and
Masterson Street.
Install the onsitc Collector Loop Street.
Install Valley Lane hetwccn Panorama
Drive and Paladino Drive.
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Engineering
Approved by
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Mitigation Monitoring Plan
City in the Hills
l~ittgation Measure
Install Queen Street between Panorama
Drive and Paladino Drive,
Development
And BUilding)
The project applicant shall provide full funding for
all improvements on the project site and provide its
fair share funding toward the portion of the
improvements that are outside of the project site (i.e.,
the westerly half-width of Queen Street between
Panorama Drive and Paladino Drive). The shared
funding for the above improvements shall be
distributed equitably between future land uses
through the development of a fee per unit for
residential or per square foot for non-residential. The
development fees shall be paid prior to the issuance
of each building permit.
NOISE
Commercial Noise Sources
Planning
N-I Prior to the issuance of a building permit for the Approved by
proposed commercial uses, the project applicant shall
demonstrate that project commercial noise source on
impacts on nearby residences are below those
indicated in the City's hourly noise level performance
standards, To demonslrate commercial noise source
impacts are below the City's standards, the project
applicant may need to include project design features
such as setbacks, barriers, building location/
orientation, acoustical design of buildings, etc.
Project Related Onsite Traffic Noise Planning
N-2 Prior to the issuance of building permits, the Approved by
~ ~-/)~o, ject applicant shall reduce noise levels on the
~ect residences by setting residential uses back on
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Mitigation Monitoring Plan
City intheHills
lV~tlgation Measure- . ,
f~om the roads by a distance equal to or greater than
the 65 dB CNEL contour. For the future alignment of
SR 178, the minimum setback distance shall be 188
feet; for the remaining roadway mentioned above, the
minimum setback shall be 84 feet. As an alternative
to setbacks, the project applicant could use sound
walls to mitigate traffic noise levels. The exact height
and placement of soundwalls would depend on lot
design and grading. Walls in the range of 6 to 10 fcet
probably would suffice for most situations. When lot
design and grading are established, an acoustical
consultant shall establish necessary wall heights and
locations.
AIR QUALITY
Short Term Emissions
Development
Services (Planning
A~d Building)
Planning
AQ-I The construction of the proposed project
would result in the generation of fugitive dust.
Compliance with SJVUAPCD Regulation VIII and
the City of Bakersfield air quality regulations would
result in no significant fugitive dust emissions. To
ensure compliance, the following measure shall be
implemented.
Approved by
on
Prior to approval of a grading plan for any
residential tract, multiple family project, and
commercial project, the project applicant shall
submit a letter to the City of Bakersfield
Planning Department ~'om the SJVUAPCD
stating the dust suppression measures that shall
be completed during construct on activities to
comply with SJVUAPCD Regulation VIII.
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Mitigation Measure
AQ-2 In addition to compliance with Regulation
VIII the following shall be incorporated into building
plans. The following measures can further reduce
fugkive dust emissions associated with the project.
The following shall be incorporated into building
plans:
a) Cover all access roads and parking areas with
asphalt-concrete paving.
b) Asphalt-concrete paving shall comply with
SJVUAPCD Rule 4641 and restrict the use of
cutback, slow-cure and emulsified asphalt
paving materials.
c) Use water sprays or chemical suppressants on all
unpaved areas to control fugitive emissions.
d) Enclose, cover or water all stockpiled soils to
reduce fugitive dust emissions.
e) Cease grading activities during periods of high
winds (greater than 20 mph over a one-hour
period).
f) Limit construction-related vehicle speeds to 15
rnph on all unpaved areas at the construction
site.
g) All haul trucks should be covered when
wansporting loads of soil.
h) Wash off construction and haul trucks to
minimize the removal of mud and dirt from the
project sites.
Development
Services (Planning
And Building)
Planning
Approved by
on
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Mitigation Measure
AQ-3 The following shall be incorporated into
grading and building plans.
a) Properly and routinely maintain all construction
equipment, as recommended by manufacturer
manuals, to control exhaust emissions.
b) Shut down equipment when not in use for
extended periods of time to reduce emissions
associated with idling engines.
c) Encourage ride sharing and use of transit
transportation for construction employee
commuting to the project sites.
d) Use electric equipment for construction
whenever possible in lieu of fossil fael-fired
equipment.
Lone Term Emissions
Development
Services (Planning
And Building)
Planning
Approved by
on
AQ-4 Prior to issuance of a building permit,
transportation control measures and design features
shall be incorporated into the project to reduce
emissions from mobile sources. A strategy to reduce
vehicle trips, vehicle use, vehicle miles traveled,
vehicle idling, and waffle congestion includes the
following:
a) Improve street and traffic signals for those
intersections and street segments that the
proposed project contributes traffic.
AQ,-5 The project applicant shah incorporate the
following into building plans:
;i~ !' L~ low-NO. emission water heaters.
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Engineering
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City in the Hills
b)
· ~., =~De, ve!0pment
S~tvie~ (Planning
Mitigation Measure ' And Building)
Provide shade trees to reduce building cooling on
requirements.
c) Install energy-efficient and automated air
conditioners.
d) Exterior windows shall all be doub/e-paned
glass.
e) Energy-efficient (low-sodium) parking lights
shall be used.
f) Use EPA-approved wood burning stoves,
fireplace inserts or pellet stoves in lieu of
conventional fireplaces.
CULTURAL RESOURCES
Arehaeological/Historical Resources
Planning
CR-I If cultural resources are unearthed during
construction activities, all work shall be halted in the
area of the find. A qualified archaeologist shall be
called in to evaluate the findings and recommend any
necessary mitigation measures. Proof of compliance
with any recommendations resulting from such
evaluation, if required, shall be submitted to the
Southern San Joaquin Valley Archaeological
Information Center (AIC) at California State
University, Bakersfield, and to the City of
Bakersfield Development Services Department
Approved by
on
Verification of Compliance
Engineering
Senleo and
Traffic
Engineering Fire Department
Comments
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Mitigation Monitoring Plan
City in the Hills
Mitigation Measure
Peleontolo~jcal Resources
Development
Services (Planning
And Building)
CR-2 A paleontological monitoring program that
includes the following measures shall be
implemented to reduce potential impacts on the
Sharktooth Hill bonebed:
a) Prior to grading, a paleontologist shall be
retained, aterid a pre-grading meeting and set
forth the procedures to be followed during the
monitoring program.
b) One paleontological monitor that is trained and
equipped to allow rapid removal of fossils with
minimal conswoction delay is expected to be
sufficient. Full-time monitoring of the portions
of the project site that have earth-disturbing
activities at elevations between 600 feet and 700
feet shall be provided.
c) If fossils are found within an area being cleared
or graded, earth-disturbing activities shall be
diverted elsewhere until the monitor has
completed salvage of the fossils. If construction
personnel make the discovery, the grading
contractor shall immediately divert construction
and call the monitor to the site. Major salvage
time may be shortened by grading conlractor's
assistance (e.g., removal of overburden, lifting
and removing large and heavy fossils).
The project paleontologist shall prepare,
identify, and curaU~ all recovered fossils. Upon
completion of grading, the project paleontologist
shall prepare a summary report documenting
d)
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Comments
Mitigation Monitoring Plan
City in the Hills
· ~ Development
' :': Services (Planning
Mitigation Measure --::=~': '~ ::~And Building)
mitigation and results, with itemized inventory
of collected specimens. The paleontologist shall
submit the report to the City of Bakersfield,
designated depository, and any other appropriate
agency, and nnsfer fossil collection to a
depository within the City of Bakersfield or
County of Kern. The summary report shall be
submitted to the City. This submittal will
signify completion of the program to mitigate
impacts on paleontological resources.
HAZARDOUS MATERIALS COMPLIANCE
HMC-I Prior to the issuance of grading permits, the
grading plans shall specify that in the event that
hazardous waste is discovered during site preparation
or construction, the property owner/developer shall
ensure that the identified hazardous waste and/or
hazardous material is handled and disposed 6f in the
manner specified by the State of California
14aTardous Substances Control Law (Health and
Safety Code, Division 20, Chapter 6.5) and according
to the California Administrative Code, Title 30,
Chapter 22.
HMC-2 The applicant shall handle and dispose of
all baTardous materials and wastes during the
operation and maintenance of facilities in accordance
with state codes.
Veritieslion of Compliance
Engineering
Services and
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Engineering Fire Department
Comments
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Mitigation Monitoring Plan
City in the Hills
Mitigation Measure
HMC-3 Prior to the issuance of grading permits, the
grading plans shall specify that in the event that any
abandoned or unrecovered oil wells are uncovered or
damaged during excavation or grading, remedial
plugging operations will be required.
Development
Serviees~(Piannlng
And Building)
HMC-4 No structures are to be located over a
previously plugged or abandoned well.
PUBLIC SERVICES AND UTILITIES
Fire Protection Services
FPS-I Prior to the issuance of building permits, the
project applicant shall submit building plans to and
obtain approval from the Bakers field Fire
Department so that fire department personnel and
equipment can be reviewed and evaluated to
deterrome the need to increase personnel and
equipment to serve each individual project.
FPS-2 Prior to the approval of grading plans, the
project applicant shall submit emergency fire access
plans to the Fire Department for review and approval
to assure that service to the site is in accordance with
the Bakersfield Fire Department requirements.
FPS-3 Prior to the commencement of structured
framing onsite, the project applicant shall install fire
hydrants in accordance with the City-approved
building plans.
FPS-4 Prior to the approval of street improvement
plans, the project applicant shall demonsIrate to the
?l~ifFC[!r,e Department that the onsite water supply
syste~'I;ts designed to provide sufficient fire flow
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Approved by
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Fire Department
Approved by
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Fire Department
Approved by
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Mitigation Monitoring Plan
City in the Hills
Mitigation Measure
pressure and storage in accordance with City Fire
Department requirements.
Police Protection Services
Development
Services (Planning
And Building)
Planning
PPS-I Prior to the issuance of building permits, the Approved by
project applicant shall submit building plans to and
obtain approval from the Bakersfield Police on
Department so that police department personnel and
equipment can be reviewed and evaluated to
determine ~e need to increase personnel and
equipment to serve each individual project.
School Services Planning
SS-I Prior to the issuance of building permits, the Approved by
project applicant shall pay District-adopted
development impact school fees that are in effect at on
the time of issuing each permit. The District-adopted
fees are required to be in accordance with State
statutes that are in effect at the time of issuing each
permit. In lieu of the above, the project applicant
may comply with alternative mitigation acceptable to
the District.
Solid Waste Services Planning
SWS-I Prior to the issuance of building permits for
residential uses, the applicant shall demonstrate how
the project would participate in a waste management
program, which includes but is not limited to the
following:
a) A commitment to contract with a recycling
~ ~: business for the collection and repossessing of
'-.'!'..g/ass, mixed and newsprint paper, plastics, and
~':aluminum for all residential uses,
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Mitigation Monitoring Plan
City in the Hills
Mitigation Measure
b) A commitment to begin the recycling when solid
waste collection begins.
c) Provision of onsite receptacles for the collection
of glass, mixed and newsprint paper, plastics,
and aluminum for recycling purposes shall be
provided. Locations of receptacles shall be
indicated on building plans.
d) Ensuring that hazardous waste disposal complies
with federal, state, and city regulations.
Water
Development
'Sel~i'e~S.~P~l~ening
And Building)
Planning
W-I Prior to the issuance of building permits, the Approved by
project applicant shall coordinate with the California
Water Company to establish precise locations for on
water distribution and storage facilities that would be
constructed onsite and offsite to adequately serve
each of the residential and non-residential water
needs of the proposed project.
Stormwater Draina~,e Building
SD-I Prior to the issuance of a grading permit, the Approved by
project applicant shall submit drainage plans for the
pwject site for review and approval by the City of on
Bakersfield. The drainage plans shall identify all
necessary onsite and offsite drainage facilities to
accommodate project-related as well as cumulative
(in accordance with the existing General Plan)
drainage volumes and velocities. Modifications to the
existing PDA for the Breckenridge are~; will require
· ~ approval of an amendment to the PDA by the City
~ aU?takers~eld.
,.
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Mitigation Monitoring Plan
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Mitigation Measure
AESTHETICS
AES-I Prior to the issuance of grading permits, the Planning
project applicant shall prepare landscape plans for
the project area to provide visual relief from project Approved by
structures.
On
AES-2 Prior to the issuance of building permits, the
project applicant shall outline specifications for
outdoor lighting locations and other intensely lighted
areas. The specifications shall identify minimum
lighting intensity needs and design lights to be
directed towards intended uses. Methods to reduce
light impacts may include low-intensity light fixtures
and hooded shields.
AES-3 Prior to the issuance of building permits, the
project applicant shall submit and obtain City
approval of lighting plans. The lighting plans shall
verify that outdoor lighting on private residences is
designed so that all direct rays are confined to the site
and that .adjacent residences are protected from
substantial light and glare.
Development
se~,iees O'lm-n,ing
And Building)
Planning
Approved by
On
Verllleation of Compliance
Engineering
Services and
Tral~c
Engineering Fire Department
Comments
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Mitigation Monitoring P/an